SOLIDAR (2010): Social dialogue - Horus.be

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11For reference to the Danish model and forfurther reading see SOLIDAR report onflexicurity and labour market inclusionservices, http://cms.horus.be/files/99931/MediaArchive/FIC-SOLIDAR-Seminar-Flexicurity-Report.pdf12http://www.ekspress.ee/2008/01/28/arvamus/812-muinasjutt-euroopalikusteelnoust“The European principleof flexicurity must be takeninto account, evenly balancingthe rights and obligationsof employees, employersand the Government.”Social Democratic Party of Estonia“Estonian labour legislationcan be transformed towardsflexicurity only if the legislatorshows more trust in theagreements between employeesand employer federations.”Social Democratic Party of EstoniaEstonia:Employment Contracts Act – the essential role of social dialogue in ensuringFlexicurityEstonia’s revised Employment Contracts Act (ECA) is an illustration of howignoring social dialogue can lead to serious failings. The ECA, which introducedthe notion of flexicurity into employment relationships, was initially based onthe successful Danish model 11 . Although Estonia’s draft legislation was drawnup on the basis of tri-partite negotiation, the final version ignored the views ofthe social partners, particularly the trade unions, and failed to provide workerswith any real security. The Danish model provides an income of up to 90% ofprevious earnings for the unemployed and includes, vitally, a high level ofinvestment in the workforce through education and life-long learning. Strongsocial dialogue is a key element of the system in Denmark, where 80% ofemployees are trade union members, and social partners were consulted ateach step of the reform. It was thanks to strong social cooperation that thereduction in unemployment brought about by these measures did not lead toa drop in wages. The Danish system provides both a sense of security for theemployee and for the economy’s competitiveness. The system has not workedso well when transferred to Estonia however, largely because some elementsare missing, due principally to a failure to respect social dialogue.Katrin Saks, one of the leaders of the Estonian Social Democratic Party, notesfor example that Estonia does not invest so heavily in adult education and lifelonglearning as Denmark does. Estonian statistics show that only 6-7% takepart in adult continuing education, which is one of the lowest figures in theEuropean Union 12 . The key roles of social dialogue and social partnership musttherefore be recognised as necessary preconditions to provide workers withsecurity and enable the flexicurity model to work. Issues related to labour lawand employment policy reforms should be resolved through tripartitenegotiations.13Domestic workers in Italy are representedby a number of trade union groups,namely: the Italian Federation ofCommercial, Tourism and ServiceWorkers (FILCAMS-CGIL), the ItalianFederation of Service, Commerce andTourism Workers (FISASCAT-CISL), theItalian Tourism, Commerce and ServicesWorkers’ Union (UILTuCS-UIL), andFEDERCOLF – Domestic Employees’Federation. Their counterparts on theemployers’ side are: FIDALDO – theItalian Federation of Domestic Employersand DOMINA – the National Associationof Domestic EmployersItaly:Social dialogue – a national collective agreement to protect care workersIn 2007 the social partners in the domestic and service sector - four trade uniongroups and two employers’ groups 13 - came together to negotiate a nationalcollective agreement for all domestic workers and family assistants, regardlessof their union membership, giving them a legally recognised professionalstatus. The minimum wage for family assistants increased by an average of30% after the introduction of the collective agreement.The collective agreement that came into force on 1 March 2007 makes a cleardistinction between domestic workers and family assistants/carers. Theagreement divides the jobs into eight categories, specifying duties,qualifications etc. for each level, beginning at the basic level A for domesticworkers with no experience. A salary level is assigned to each category whichthe parties cannot go below, which is effectively a minimum wage set by thesocial partners for a specific professional group.10.
The collective agreement also sets out maximum working hours. Any timeworked above those hours must be paid as overtime. The employment contractmust also foresee paid time off for vocational training, rules for job sharing andseverance pay. Employment contracts must indicate working hours, vacations,the weekly day off and half-day off. They must also specify many other detailssuch as whether night assistance is required, the trial period, overtime pay, andboard and accommodation. Workers are also entitled to social security benefitsincluding unemployment benefit, sickness insurance, occupational accident orillness insurance, and maternity and family leave.There is still a significant minority of undeclared workers, however, who remainoutside the system and therefore do not enjoy protection 14 . Some initiativeshave been introduced to further encourage regularisation, including “WindowOffices” for matching demand (families) and supply (migrant workers). Theyoffer counselling on regularisation procedures and contracts, a service that islacking on the black market. There is also a system of care-vouchers for peoplehiring a regularised family assistant. Some regions grant financial support in theform of a care-voucher for the elderly who hire a family assistant. The voucheris tied to the hiring of a family assistant who must be regularised. Success sofar has been limited however, as the financial incentive is not yet high enoughcompared to the cost of social security contributions that regularisation entails.14A government regulation called theSanatoria (regularisation procedure) wasimplemented for one month in September2009 to allow family assistants anddomestic workers to apply for apermanent residence permit, but not allemployers were prepared to pay the 500euro lump sum and subsequent socialsecurity charges. Fewer than 300,000applications were received out of anexpected 700,000Italy:Building decent jobs for migrant workers based on collective agreementsThrough a series of initiatives, including organising and membership drives,information campaigns, services such as specialised counselling and offices, theprotection of workers in the event of industrial disputes, the establishment of amigrant workers’ delegate and Italian language courses, foreign workers arebeginning to join the trade unions in increasing numbers, with 20,000 newmembers joining in 2008 alone.At the local level, the trade unions have in recent years successfully negotiatedto include specific measures into collective agreements aimed at integratingand protecting foreign workers, including vocational, literacy and health andsafety training 15 . Some examples of such agreements at the local level are:• Training to improve workplace safety, beginning with signs at the workplacein the workers’ languages.• Training to improve social and working conditions.• Training for new workers entering the sector, literacy training, vocationaltraining and safety at work.• A regional round table to find resources for tackling the problems of foreignworkers.• Organising holidays to take into account the need of foreign workers to returnto their country of origin, including longer holiday periods; action with thepublic administration to meet the housing needs of workers.• Specific courses designed for foreign workers in the Italian language, healthand safety etc.• Courses for the recognition of professional skills, distribution of multilingualinformation to ease the social integration of foreign worker.15The 2010 Eurofound publication“Opening doors – the role of socialpartners in fostering social inclusion”elaborates on the specific challenges asto working conditions for migrants,especially third-country migrants, and therole social partners can play inaddressing them, confirming manyfindings under this project. It states that“that migrant workers employed inunskilled jobs in traditional sectors (suchas agriculture and construction ) or in theinformal economy as a rule are excludedfrom training, counseling and supportinitiatives that are targeted at skilledmigrants or at unskilled workers in large,more heavily unionised companies whoalready benefit from social protection”(p. 15)“Knowing one's rightsis the most effective toolto fight or at least limitthe problems facedby foreign workers inthe construction sector.”Italian trade union official11.
Page 1 and 2: Social dialogue:a tool to promote a
Page 3 and 4: ForewordFor more than one year now
Page 5: The “Decent Work for All” Proje
Page 8 and 9: “I had to pay by all socialcontri
Page 12 and 13: The 2008 national collective agreem
Page 14 and 15: To social partners• Strengthen th
Page 16: SOLIDAR is a European network of NG

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